[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 714 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 714
To authorize the Secretary of the Interior to lease certain lands in
Virgin Islands National Park, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
January 27, 2009
Mrs. Christensen introduced the following bill; which was referred to
the Committee on Natural Resources
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A BILL
To authorize the Secretary of the Interior to lease certain lands in
Virgin Islands National Park, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CANEEL BAY LEASE AUTHORIZATION.
(a) Definitions.--In this section:
(1) Park.--The term ``Park'' means the Virgin Islands
National Park.
(2) Resort.--The term ``resort'' means the Caneel Bay
resort on the island of St. John in the Park.
(3) Retained use estate.--The term ``retained use estate''
means the retained use estate for the Caneel Bay property on
the island of St. John entered into between the Jackson Hole
Preserve and the United States on September 30, 1983.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Lease Authorization.--
(1) In general.--If the Secretary determines that the long-
term benefit to the Park would be greater by entering into a
lease with the owner of the retained use estate than by
authorizing a concession contract upon the termination of the
retained use estate, the Secretary may enter into a lease for
the operation and management of the resort.
(2) Acquisitions.--The Secretary may--
(A) acquire associated property from the owner of
the retained use estate; and
(B) on the acquisition of property under
subparagraph (A), administer the property as part of
the Park.
(3) Authority.--Except as otherwise provided by this
section, a lease shall be in accordance with subsection (k) of
section 3 of Public Law 91-383 (16 U.S.C. 1a-2(k)),
notwithstanding paragraph (2) of that subsection.
(4) Terms and conditions.--A lease authorized under this
section shall--
(A) be for the minimum number of years practicable,
taking into consideration the need for the lessee to
secure financing for necessary capital improvements to
the resort, but in no event shall the term of the lease
exceed 40 years;
(B) prohibit any transfer, assignment, or sale of
the lease or otherwise convey or pledge any interest in
the lease with prior written notification to, and
approval by the Secretary;
(C) ensure that the general character of the resort
property remains unchanged, including a prohibition
against--
(i) any increase in the overall size of the
resort; or
(ii) any increase in the number of guest
accommodations available at the resort;
(D) prohibit the sale of partial ownership shares
or timeshares in the resort; and
(E) include any other provisions determined by the
Secretary to be necessary to protect the Park and the
public interest.
(5) Rental amounts.--In determining the fair market value
rental of the lease required under section 3(k)(4) of Public
Law 91-383 (16 U.S.C. 1a-2(k)(4)), the Secretary shall take
into consideration--
(A) the value of any associated property conveyed
to the United States; and
(B) the value, if any, of the relinquished term of
the retained use estate.
(6) Use of proceeds.--Rental amounts paid to the United
States under a lease shall be available to the Secretary,
without further appropriation, for visitor services and
resource protection within the Park.
(7) Congressional notification.--The Secretary shall submit
a proposed lease under this section to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives at least 60
days before the effective date of the lease.
(8) Renewal.--A lease entered into under this section may
not be extended or renewed.
(9) Termination.--Upon the termination of a lease entered
into under this section, if the Secretary determines the
continuation of commercial services at the resort to be
appropriate, the services shall be provided in accordance with
the National Park Service Concessions Management Improvement
Act of 1998 (16 U.S.C. 5951 et seq.).
(c) Retained Use Estate.--
(1) In general.--As a condition of the lease, the owner of
the retained use estate shall terminate, extinguish, and
relinquish to the Secretary all rights under the retained use
estate and shall transfer, without consideration, ownership of
improvements on the retained use estate to the National Park
Service.
(2) Appraisal.--
(A) In general.--The Secretary shall require an
appraisal by an independent, qualified appraiser that
is agreed to by the Secretary and the owner of the
retained use estate to determine the value, if any, of
the relinquished term of the retained use estate.
(B) Requirements.--An appraisal under paragraph (1)
shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
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